1 Validity, conclusion of contract

1.1 Peter Schneeberger provides its services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between Peter Schneeberger and the customer, even if no express reference is made to them.
1.2 The version valid at the time of the conclusion of the contract is decisive. Deviations from these as well as other supplementary agreements with the customer are only effective if they are confirmed in writing by Peter Schneeberger.
1.3 Any terms and conditions of the customer are not accepted, even if known, unless otherwise expressly agreed in writing in individual cases. Peter Schneeberger expressly objects to the customer’s general terms and conditions. A further objection to the customer’s GTC by Peter Schneeberger is not required.
1.4 The customer will be notified of changes to the GTC and these are deemed to be agreed if the customer does not object to the amended GTC in writing within 14 days; the customer will be expressly informed of the significance of silence in the notification.
1.5 Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and purpose of the invalid provision.
1.6 Peter Schneeberger’s offers are subject to change and non-binding.

2. social media channels

Before placing an order, Peter Schneeberger expressly points out to the customer that the providers of “social media channels” (e.g. facebook, hereinafter referred to as “provider”) reserve the right in their terms of use to reject or remove advertisements and appearances for any reason. The providers are therefore not obliged to forward content and information to users. There is therefore a risk, which cannot be calculated by Peter Schneeberger, that advertisements and appearances may be removed for no reason. In the event of a complaint from another user, the providers are granted the option of a counterstatement, but even in this case the content will be removed immediately. In this case, it may take some time to restore the original, lawful status. Peter Schneeberger works on the basis of these terms of use of the providers, over which it has no influence, and also bases an order from the customer on these. By placing an order, the customer expressly acknowledges that these terms of use (co-)determine the rights and obligations of any contractual relationship. Peter Schneeberger intends to carry out the customer’s order to the best of its knowledge and belief and to comply with the guidelines of “social media channels”. However, due to the currently valid terms of use and the simple possibility for every user to claim legal violations and thus achieve the removal of the content, Peter Schneeberger cannot guarantee that the commissioned campaign will be available at all times.

3. protection of concepts and ideas

If the potential customer has already invited Peter Schneeberger in advance to create a concept and Peter Schneeberger complies with this invitation before the conclusion of the main contract, the following regulation applies:

3.1 Already through the invitation and the acceptance of the invitation by Peter Schneeberger, the potential customer and Peter Schneeberger enter into a contractual relationship (“pitching contract”). This contract is also based on the GTC.
3.2 The potential customer acknowledges that Peter Schneeberger already provides cost-intensive preliminary services with the concept development, although it has not yet assumed any performance obligations itself.
3.3 The concept is subject to the protection of copyright law in its linguistic and graphic parts, insofar as these reach the level of a work. The potential customer is not permitted to use or edit these parts without the consent of Peter Schneeberger on the basis of copyright law.
3.4 The concept also contains ideas relevant to advertising that do not reach the level of a work and therefore do not enjoy the protection of copyright law. These ideas are at the beginning of every creative process and can be defined as the spark that ignites everything that is produced later and thus as the origin of the marketing strategy. Therefore, those elements of the concept that are unique and give the marketing strategy its characteristic character are protected. In particular, advertising slogans, advertising texts, graphics and illustrations, advertising materials, etc. are regarded as ideas within the meaning of this agreement, even if they do not reach the level of a work.
3.5 The potential customer undertakes to refrain from commercially exploiting these creative advertising ideas presented by Peter Schneeberger within the framework of the concept outside the corrective of a main contract to be concluded at a later date or to have them exploited or to use them or have them used.
3.6 If the potential customer is of the opinion that ideas were presented to him by Peter Schneeberger, which he already came up with before the presentation, he must inform Peter Schneeberger of this by email within 14 days of the day of the presentation, stating evidence that allows a chronological allocation.
3.7 In the opposite case, the contractual parties assume that Peter Schneeberger has presented the potential customer with an idea that is new to him. If the idea is used by the customer, it is to be assumed that Peter Schneeberger has made a profit.
3.8 The potential customer can release himself from his obligations from this point by paying appropriate compensation plus 20% VAT. The exemption only takes effect after Peter Schneeberger has received full payment of the compensation.

4 Scope of services, order processing and the customer’s duty to cooperate

4.1 The scope of the services to be provided results from the service description in the offer or any order confirmation by Peter Schneeberger, as well as any briefing protocol (“offer documents”). Subsequent changes to the service content require written confirmation from Mr. Peter Schneeberger. Within the framework specified by the customer, Peter Schneeberger has freedom of design in the fulfillment of the order.
4.2 All services by Peter Schneeberger (in particular all preliminary drafts, sketches, final artwork, samples, blueprints, copies, color prints and electronic files) must be checked by the customer and approved by him within three working days of receipt by the customer. If they are not released in good time, they are deemed to have been approved by the customer.
4.3 The customer shall provide Peter Schneeberger with all information and documents required for the provision of the service in a timely and complete manner. He will inform them of all circumstances that are important for the execution of the order, even if these only become known during the execution of the order. The customer shall bear the costs arising from the fact that work must be repeated or delayed as a result of incorrect, incomplete or subsequently changed information provided by Peter Schneebeger.
4.4 Furthermore, the customer is obliged to check the documents (photos, logos, etc.) provided for the execution of the order for any copyrights, trademark rights, trademark rights or other rights of third parties (rights clearing) and guarantees that the documents are free of third-party rights and can therefore be used for the intended purpose. Peter Schneeberger is not liable in the case of slight negligence or after fulfillment of its duty to warn – at least in the internal relationship with the customer – due to an infringement of such rights of third parties by documents provided. If a claim is made against Peter Schneeberger by a third party due to such an infringement of rights, the customer shall indemnify and hold Peter Schneeberger harmless; he must compensate Peter Schneeberger for all disadvantages that he suffers due to a claim by a third party, in particular the costs of appropriate legal representation. The customer undertakes to support Peter Schneeberger in the defense of any third party claims. The customer shall provide Peter Schneeberger with all documents for this purpose without being asked.

5 External services/commissioning of third parties

5.1 Peter Schneeberger is entitled at its own discretion to carry out the service itself, to use competent third parties as vicarious agents for the provision of contractual services and/or to substitute such services (“external service”).
5.2 The commissioning of third parties as part of a third-party service is carried out either in the customer’s own name or in the customer’s name. Peter Schneeberger will select these third parties carefully and ensure that they have the necessary professional qualifications.
5.3 Insofar as Peter Schneeberger commissions necessary or agreed third-party services, the respective contractors are not vicarious agents of Peter Schneeberger.
5.4 The customer must enter into obligations towards third parties that extend beyond the term of the contract. This also applies expressly in the event of termination of the order for good cause.

6 Deadlines

6.1 Unless expressly agreed as binding, stated delivery or performance deadlines are only approximate and non-binding. Binding deadline agreements must be recorded in writing or confirmed in writing by Peter Schneeberger.
6.2 If Peter Schneeberger’s delivery/service is delayed for reasons for which it is not responsible, such as events of force majeure and other unforeseeable events that cannot be averted by reasonable means, the performance obligations shall be suspended for the duration and to the extent of the hindrance and the deadlines shall be extended accordingly. If such delays last for more than two months, the customer and Peter Schneeberger are entitled to withdraw from the contract.
6.3 If Peter Schneeberger is in default, the customer can only withdraw from the contract after he has set Mr. Schneeberger a reasonable grace period of at least 14 days in writing and this has expired fruitlessly. Claims for damages by the customer due to non-fulfillment or delay are excluded, except in the case of proof of intent or gross negligence.

7 Premature termination

7.1 Peter Schneeberger is entitled to terminate the contract with immediate effect for important reasons. An important reason exists in particular if
a) the performance of the service becomes impossible for reasons for which the customer is responsible or is further delayed despite the setting of a grace period of 14 days;
b) the customer continues to breach material obligations under this contract, such as payment of a due amount or obligations to cooperate, despite a written warning with a grace period of 14 days.
c) there are justified concerns regarding the creditworthiness of the customer and the customer neither makes advance payments at the request of Peter Schneeberger nor provides suitable security prior to performance by Peter Schneeberger;
7.2 The customer is entitled to terminate the contract for important reasons without setting a grace period. An important reason exists in particular if Peter Schneeberger continues to violate essential provisions of this contract despite a written warning with a reasonable grace period of at least 14 days to remedy the breach of contract.

8 Fee

8.1 Unless otherwise agreed, Peter Schneeberger’s fee claim arises for each individual service as soon as this has been provided. Peter Schneeberger is entitled to demand advance payments to cover his expenses.
8.2 The fee is understood to be a net fee plus VAT at the statutory rate. In the absence of an agreement in individual cases, Peter Schneeberger is entitled to a fee for the services provided and the transfer of the rights of use under copyright and trademark law at the usual market rate.
8.3 All services provided by Peter Schneeberger that are not expressly covered by the agreed fee will be remunerated separately. All cash expenses incurred by Peter Schneeberger are to be reimbursed by the customer.
8.4 Cost estimates by Peter Schneeberger are non-binding. If it is foreseeable that the actual costs will exceed those estimated by Peter Schneeberger in writing by more than 15%, Peter Schneeberger will inform the customer of the higher costs. The cost overrun is deemed to be approved by the customer if the customer does not object in writing within three working days of this notification and at the same time announces more cost-effective alternatives. In the case of a cost overrun of up to 15%, a separate notification is not required. This cost estimate overrun is deemed to have been approved by the client from the outset.
8.5 For all work by Peter Schneeberger, which for whatever reason is not carried out by the customer, Peter Schneeberger is entitled to the agreed remuneration. The offsetting provision of § 1168 ABGB is excluded. With the payment of the fee, the customer does not acquire any rights of use to work already carried out; concepts, drafts and other documents that have not been carried out must be returned to Peter Schneeberger immediately.

9 Payment, retention of title

9.1 The fee is due for payment immediately upon receipt of the invoice and without deduction, unless special payment conditions are agreed in writing in individual cases. This also applies to the charging of all cash outlays and other expenses. The goods delivered by Peter Schneeberger remain the property of Mr. Peter Schneeberger until full payment of the remuneration including all ancillary liabilities.
9.2 If the customer is in default of payment, the statutory default interest in the amount applicable to business transactions shall apply. Furthermore, in the event of default of payment, the customer undertakes to reimburse Peter Schneeberger for the reminder and collection costs incurred, insofar as they are necessary for appropriate legal prosecution. This includes in any case the costs of two reminder letters in the usual market amount of currently at least € 20.00 per reminder as well as a reminder letter from a lawyer commissioned with the collection. The assertion of further rights and claims shall remain unaffected.
9.3 In the event of default of payment by the customer, Peter Schneeberger can demand immediate payment of all services and partial services provided within the framework of other contracts concluded with the customer.
9.4 Furthermore, Peter Schneeberger is not obliged to provide further services until the outstanding amount has been paid (right of retention). The obligation to pay remuneration remains unaffected by this.
9.5 If payment in installments has been agreed, Peter Schneeberger reserves the right to demand immediate payment of the entire outstanding debt in the event of late payment of partial amounts or ancillary claims (loss of deadline).
9.6 The customer is not entitled to offset his own claims against Peter Schneeberger’s claims, unless the customer’s claim has been recognized in writing by Peter Schneeberger or established by a court.

10 Ownership and copyright

10.1 All services of Peter Schneeberger, including those from presentations (e.g. suggestions, ideas, sketches, preliminary drafts, scribbles, final artwork, concepts, negatives, slides), including individual parts thereof, remain the property of Peter Schneeberger, as do the individual workpieces and design originals, and can be reclaimed by Peter Schneeberger at any time – in particular upon termination of the contractual relationship. By paying the fee, the customer acquires the right of use for the agreed purpose. However, unless otherwise agreed, the customer may only use the services of Peter Schneeberger in Austria. The acquisition of rights of use and exploitation of Peter Schneeberger’s services always requires full payment of the fees invoiced by Peter Schneeberger. If the customer already uses the services of Peter Schneeberger before this time, this use is based on a loan relationship that can be revoked at any time.
10.2 Changes or processing of services by Peter Schneeberger, such as in particular their further development by the customer or by third parties working for the customer, are only permitted with the express consent of Peter Schneeberger and – insofar as the services are protected by copyright – the author.
10.3 For the use of Peter Schneeberger’s services that go beyond the originally agreed purpose and scope of use, the consent of Peter Schneeberger is required – regardless of whether this service is protected by copyright. Peter Schneeberger and the author are entitled to a separate appropriate remuneration for this.
10.4 For the use of services of the agency or advertising material for which the agency has developed conceptual or creative templates, the consent of the agency is also required after the expiry of the agency contract, regardless of whether this service is protected by copyright or not.
10.5 Peter Schneeberger is entitled to the full remuneration agreed in the expired contract in the 1st year after the end of the contract for uses in accordance with Paragraph 4. In the 2nd or 3rd year after expiry of the contract, only half or a quarter of the remuneration agreed in the contract. From the 4th year after the end of the contract, no further order remuneration is payable.
10.6 The customer is liable to Peter Schneeberger for any unlawful use in double the amount of the appropriate fee for this use.

11. labeling

11.1 Peter Schneeberger is entitled to refer to himself and, if applicable, to the author on all advertising material and in all advertising measures, without the customer being entitled to any remuneration for this.
11.2 Subject to the customer’s written revocation, which is possible at any time, Mr. Schneeberger is entitled to refer to the existing or former business relationship with the customer on his own advertising media and in particular on his Internet website with name and company logo (reference).

12 Warranty

12.1 The customer must report any defects immediately, in any case within eight days of delivery/service by Peter Schneeberger, hidden defects within eight days of recognizing them, in writing with a description of the defect; otherwise the service is deemed to be approved. In this case, the assertion of warranty and compensation claims as well as the right to challenge errors due to defects is excluded.
12.2 In the event of justified and timely notification of defects, the customer has the right to improvement or replacement of the delivery/service by Peter Schneeberger. Peter Schneeberger will rectify the defects within a reasonable period of time, whereby the customer enables Mr. Schneeberger to take all measures necessary for the examination and rectification of defects. Peter Schneeberger is entitled to refuse to improve the service if this is impossible or involves a disproportionately high expense for Peter Schneeberger. In this case, the customer is entitled to the statutory conversion or reduction rights. In the case of improvement, it is the responsibility of the customer to carry out the transfer of the defective (physical) item at his own expense.
12.3 It is also the responsibility of the customer to carry out the examination of the service for its legal admissibility, in particular with regard to competition, trademark, copyright and administrative law. Peter Schneeberger is only obliged to carry out a rough check of the legal admissibility. Mr. Peter Schneeberger is not liable for the legal admissibility of content in the event of slight negligence or after fulfilling a possible duty to warn the customer, if this was specified or approved by the customer.
12.4 The warranty period is six months from delivery/service. The right of recourse against Peter Schneeberger in accordance with § 933b Para. 1 ABGB expires one year after delivery/service. The customer is not entitled to withhold payments due to defects. The presumption regulation of § 924 ABGB is excluded.

13 Liability and product liability

13.1 In cases of slight negligence, liability of Peter Schneeberger and its employees, contractors or other vicarious agents (“people”) for property damage or financial loss of the customer is excluded, regardless of whether it is direct or indirect damage, loss of profit or consequential damage, damage due to delay, impossibility, positive breach of contract, culpa in contrahendo, due to defective or incomplete performance. The existence of gross negligence must be proven by the injured party. Insofar as the liability of the agency is excluded or limited, this shall also apply to the personal liability of its “people”.
13.2 Any liability of Peter Schneeberger for claims made against the customer on the basis of the service provided by Peter Schneeberger (e.g. advertising measure) is expressly excluded if Peter Schneeberger has fulfilled its duty to inform or if such a duty was not recognizable for it, whereby slight negligence is not detrimental. In particular, Peter Schneeberger is not liable for legal costs, the customer’s own legal costs or costs of judgment publications or for any claims for damages or other claims by third parties; the customer must indemnify and hold Peter Schneeberger harmless in this respect.
13.3 Claims for damages by the customer expire six months after knowledge of the damage, but in any case after three years from the act of infringement by Peter Schneeberger. Claims for damages are limited to the net order value.

14. data protection

The customer agrees that his personal data, namely name/company, profession, date of birth, company register number, powers of representation, contact person, business address and other addresses of the customer, telephone number, fax number, e-mail address, bank details, credit card details, VAT number) for the purpose of fulfilling the contract and supporting the customer as well as for his own advertising purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of referring to the existing or previous business relationship with the customer (reference). The client agrees that electronic mail may be sent to him for advertising purposes until revoked.

This consent can be revoked at any time in writing by e-mail, fax or letter to the contact details listed at the top of the GTC.

15 Applicable law

The contract and all reciprocal rights and obligations derived from it as well as claims between Peter Schneeberger and the customer are subject to Austrian substantive law to the exclusion of its conflict of law rules and to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

16 Place of fulfillment and jurisdiction

16.1 The place of fulfillment is the registered office of Schneeberger kreativ.holz.design e.U. – owner Peter Schneeberger. In the case of shipping, the risk is transferred to the customer as soon as Peter Schneeberger has handed over the goods to the selected transport company.
16.2 The place of jurisdiction for all legal disputes arising between Peter Schneeberger and the customer in connection with this contractual relationship is agreed as the competent court for the registered office of Peter Schneeberger. Notwithstanding this, Peter Schneeberger is entitled to sue the customer at his general place of jurisdiction.
16.3 Insofar as this contract refers to natural persons only in the masculine form, they refer to women and men in the same way. When applying the term to certain natural persons, the respective gender-specific form is to be used.